Tag «Central District of California»

Objective “Knew or Should Have Known” Standard Applies to Good Faith Defense to Actual Fraudulent Transfer Claim

While a defendant who received transfers from an insolvent or fraudulent enterprise in good faith and for reasonably equivalent value may ultimately defeat an actual fraudulent transfer claim, the plaintiff is not required to negate an anticipated good faith defense in the complaint to adequately state a claim. Such a defense is an affirmative defense …

Receivers’ Fraudulent Transfer Claims Are Not Barred by In Pari Delicto Doctrine: A Survey of Federal and State Court Decisions

A growing list of federal and state courts have determined that fraudulent transfer claims brought by an equity receiver are not barred by the doctrine of in pari delicto. While the following list includes many of the significant and most frequently-cited decisions setting forth or upholding this proposition of law, it is by no means …